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In What Situations Is Land Excluded from Agricultural Production

Exclusion of agricultural land from agricultural production means starting to use the land for purposes other than agricultural or forestry.

If you are the owner of an agricultural plot and want to build a house on it, you must first exclude the land from agricultural production. You can do this provided that your plot is designated for non-agricultural purposes in the local spatial development plan or, if there is no such plan, has obtained a zoning decision.

Exclusion of agricultural land from agricultural production is often one of the necessary conditions for obtaining a building permit and thus starting construction or non-agricultural use of existing agricultural buildings.

Whether you need to obtain a decision allowing the exclusion of agricultural land from production depends on the soil class of the land where the investment is planned.

What Is a Spatial Development Plan

A local spatial development plan, adopted by the municipality, defines the intended use of land located within that municipality.

If the municipality does not have a local spatial development plan, the intended use of the plot is determined based on a zoning decision.

If your plot is designated for agricultural purposes in the applicable plan, you must submit a request to the municipal office to amend the plan.

However, if there is no applicable local plan for your plot, you have two options:

• submit a request to the municipal office to develop a local spatial development plan, indicating the intended use of the land (your plot)
• submit a request to the municipal office for a zoning decision for the property where the planned investment is to be carried out

What Land Requires a Decision Allowing Exclusion from Production

• agricultural land made of mineral or organic soils classified as classes I, II, III, IIIa, IIIb
• agricultural land of classes IV, IVa, IVb, V, and VI made of organic soils
• other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land, including:
  • land under fish ponds and other water reservoirs used exclusively for agricultural purposes
  • land under residential buildings and other buildings and facilities used exclusively for agricultural production and agri-food processing within farms
  • land under buildings and facilities used directly for agricultural production recognized as a special branch, in accordance with income tax regulations
  • land of rural parks and mid-field tree and shrub clusters, including windbreak strips and anti-erosion facilities
  • land of family allotment gardens and botanical gardens
  • land under water reclamation, flood protection, and fire protection facilities, water supply for agriculture, sewage and waste disposal for agriculture and rural residents
  • land reclaimed for agricultural purposes
  • peatlands and waterholes
  • land under access roads to agricultural land

When Can Land of Classes I–III Be Excluded from Agricultural Production

To issue a decision allowing the exclusion of agricultural land of classes I–III, the local spatial development plan or zoning decision must designate your plot for non-agricultural purposes.

No consent is required for the non-agricultural and non-forestry use of agricultural land of classes I–III located in areas designated for infill development.

Is It Necessary to Exclude Land of Classes IV–VI Made of Mineral Soils?

As a rule, agricultural land made of mineral soils classified as classes IV–VI does not require exclusion from agricultural production.

However, exclusion is necessary if the land is intended for:

• fish ponds and other water reservoirs used exclusively for agricultural purposes
• residential buildings and other buildings and facilities used exclusively for agricultural production and agri-food processing within farms
• buildings and facilities used directly for agricultural production recognized as a special branch, in accordance with income tax regulations
• rural parks and mid-field tree and shrub clusters, including windbreak strips and anti-erosion facilities
• family allotment gardens and botanical gardens
• water reclamation, flood protection, and fire protection facilities, water supply for agriculture, sewage and waste disposal for agriculture and rural residents
• land reclaimed for agricultural purposes
• peatlands and waterholes
• access roads to agricultural land

Who Can Submit an Application for Exclusion of Land from Agricultural Production

• a natural person
• a legal person
• an organizational unit without legal personality

When Are One-Time and Annual Fees Not Required

• up to 500 m² for the construction of a single-family house
• up to 200 m² per residential unit in the case of a multi-family building

• the exclusion concerns part of the agricultural land for farmstead development, and the area does not exceed 30% of the total area of agricultural land for farmstead development in a given farm, and no more than 500 m²
• the owner of the land to be excluded from production undertakes to continue operating the farm that includes the farmstead, by submitting an application for exclusion of the land from production

Submit the application before the planned start of non-agricultural use of the land – before obtaining a building permit.

• county offices (starostwa powiatowe)
• district offices of the City of Warsaw
• city offices with county rights

1. Submit an Application for Exclusion of Land from Agricultural Production

Submit the application to the competent county office (starostwo powiatowe) or city office with county rights (urząd miasta na prawach powiatu).

It is advisable to contact the office beforehand to find out what attachments are required for the plot located in the given area.

If your application contains formal deficiencies—for example, you make a mistake in the form, omit required data, or fail to submit necessary documents—the office will request you to correct the errors. You will have at least 7 days from the date of receiving the request to complete the missing information.

Required documents

Documents confirming legal title to the property may include: purchase agreement, donation agreement, certified short excerpt from the land and mortgage register.

If a local spatial development plan has been prepared for the plot, you may attach a document confirming the land’s designation, such as an extract and drawing from the spatial development plan or information about the area issued by the competent municipal office.

• a map for design purposes prepared by a surveyor, along with a description of land ownership
• a surface area summary indicating the area and soil class of the land to be excluded from agricultural production

Deadline

Submit the application before the planned start of non-agricultural use of the land – before obtaining a building permit.

2. You Will Receive a Decision

In the decision, the office will specify the land to be excluded, its location – cadastral precinct, plot registration numbers, area and soil class, the charge for exclusion from agricultural production, any reductions of this charge, and the amount of annual fees due to the exclusion.

Additionally, the decision may impose an obligation on you to remove the humus layer from the excluded land and use it appropriately.

Received document

Note!
The decision on exclusion of agricultural land from agricultural production must be attached to the building permit application.

Submitting the application and receiving the decision is free of charge.

Note! Obtaining some attachments to the application may involve additional costs.

After receiving the decision allowing the exclusion of agricultural land from production, you are obliged to pay a one-time charge and annual fees. This obligation arises from the date of actual exclusion of the land from agricultural production.

Charge

The charge is a one-time fee that must be paid for the permanent exclusion of agricultural land from production. The amount is calculated proportionally to the area and soil class of the land being excluded.

Rates used to calculate the charge for exclusion of agricultural land (arable land, orchards, meadows, pastures under buildings and facilities within farms, and under mid-field tree and shrub clusters, including windbreak strips and anti-erosion structures):

• Class I – PLN 437,175 per 1 ha
• Class II – PLN 378,885 per 1 ha
• Class IIIa – PLN 320,595 per 1 ha
• Class IIIb – PLN 262,305 per 1 ha
• Meadows and Permanent Pastures I – PLN 437,175 per 1 ha
• Meadows and Permanent Pastures II – PLN 361,398 per 1 ha
• Meadows and Permanent Pastures III – PLN 291,450 per 1 ha

• Class IVa – PLN 204,015 per 1 ha
• Class IVb – PLN 145,725 per 1 ha
• Class V – PLN 116,580 per 1 ha
• Class VI – PLN 87,435 per 1 ha
• Meadows and Permanent Pastures IV – PLN 174,870 per 1 ha
• Meadows V – PLN 145,725 per 1 ha
• Permanent Pastures V – PLN 116,580 per 1 ha
• Meadows and Permanent Pastures VI – PLN 87,435 per 1 ha

For land under fish ponds, family allotment gardens, botanical gardens, and facilities for: water reclamation, flood and fire protection, agricultural water supply, sewage and waste disposal for agriculture and rural residents, reclaimed land for agriculture, peatlands and waterholes:
PLN 233,160 per 1 ha

You must pay the charge within 60 days from the date the decision on its amount becomes final.

If the market price of the investment land is significantly higher than the calculated charge, the investor is not required to pay the charge. If the price is lower, the investor pays only the difference between the calculated charge and the land price. However, annual fees are calculated based on the full charge amount, without deduction for land value, and must be paid for 10 years.

Annual Fees

In the case of permanent exclusion, annual fees must be paid for 10 years. Each annual fee amounts to 10% of the charge for permanent exclusion (without deduction for land value).

In the case of temporary (non-permanent) exclusion, annual fees are paid for the duration of the exclusion, but no longer than 20 years from the date of exclusion.

The annual fee for a given year must be paid by June 30 of that year.

Where to pay:
The charge and annual fees should be paid to the account of the authority that issued the decision on exclusion of agricultural land from production.

Stamp Duty for Power of Attorney (Optional)

PLN 17 – stamp duty for submitting a power of attorney

If you submit a power of attorney to the office, you must pay the stamp duty. You are exempt from this fee if the power of attorney is granted to a spouse, child, parent, grandparent, grandchild, or sibling.

Where to pay:
The stamp duty should be paid to the account of the city or municipal office competent for the location of the authority where the power of attorney is submitted. The account number can be found on the website of the relevant city or municipal office.
For example, if you submit the power of attorney to the Poznań City Office, the fee should be paid to the account of the Poznań City Office.

No longer than one month. The deadline may be extended to two months (you will be notified).

You may appeal the decision of the county head (starosta) to the Local Government Appeals Board (Samorządowe Kolegium Odwoławcze). Submit the appeal via the county office within 14 days from the date of receiving the decision.

You may waive your right to appeal — the decision will then become final and legally binding more quickly.

If you disagree with the amount of the charge or annual fees, you may also appeal to the Local Government Appeals Board via the county office within 14 days from the date of receiving the decision.

Why Is There a Fee for Exclusion of Land from Agricultural Production?

Because exclusion of agricultural land from production is generally irreversible, the loss is calculated over a perpetual period — 99 years. The amounts paid by investors are collected in a separate bank account managed by regional authorities. These funds are used for land reclamation, stone removal, erosion prevention, and modernization of access roads to agricultural land — all aimed at improving agricultural production conditions.
Thus, damage caused by building on high-quality agricultural land is compensated by improving agricultural space elsewhere.

This system encourages investors to choose lower-class land, which does not require payment of the charge or annual fees.

Can You Withdraw from the Exclusion of Land from Agricultural Production?

If, despite receiving the permit, you have not excluded the land from agricultural production, you may withdraw from this right. If you withdraw fully or partially within 2 years, you will receive a refund of the charge paid, proportionate to the area not excluded. The refund will be issued within 3 months from the date of submitting the withdrawal.

Are Lands Under Buildings in Farms Considered Agricultural Land?

Yes. Land under residential buildings and other buildings and facilities used exclusively for agricultural production and agri-food processing within farms is also considered agricultural land.

If there is a change in agricultural production and the buildings are unused for no more than 5 years, this is not considered exclusion from agricultural production. In such cases, you do not need to submit an application. However, if the break exceeds 5 years, you must submit the application to the county office.

What Are the Penalties for Using Agricultural Land Without a Permit?

If the authority finds a violation, it will assess the nature of the changes and whether they qualify as non-agricultural use. Penalties can be severe — twice the amount of the charge.

Note that the authority does not consider:

• how long the land was excluded
• whether the exclusion was permanent or temporary
• whether the land was returned to its previous state

What If You Want to Sell a Plot with a Permit for Exclusion?

If you sell a plot with a permit but the land has not yet been excluded, you must inform the buyer that the obligation to pay the charge and annual fees will transfer to them upon actual exclusion.

If the land has already been excluded, the obligation to pay annual fees transfers to the buyer. The seller must inform the buyer of this obligation.